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DECISION No

DECISION No. 465-TTg ON THE 27th OF AUGUST, 1994 OF THE PRIME MINISTER PROMULGATING THE STATUTE ON THE WORKING RELATIONS BETWEEN THE GOVERNMENT AND THE VIETNAM GENERAL CONFEDERATION OF LABOR

THE PRIME MINISTER

Pursuant to Article 39 of the Law on Organization of the Government on the 30th of September, 1992;

Pursuant to Article 3 and Article 12 of the Trade Union Law on the 30th of June, 1990;

After reaching agreement with the President of the Vietnam General Confederation of Labor,

DECIDES:

Article 1.- To promulgate the Statute on the Working Relations Between the Government and the Vietnam General Confederation of Labor.

Article 2.- This Decision takes effect as from the date of its signing.

Article 3.- The ministers, the heads of ministerial-level agencies and the heads of the agencies attached to the Government shall have to implement this Decision.

Prime Minister

VO VAN KIET

STATUTE ON THE WORKING RELATIONS BETWEEN THE GOVERNMENT AND THE VIETNAM GENERAL CONFEDERATION OF LABOR

(issued together with Decision No. 465-TTg on the 27th of August, 1994 of the Prime Minister)

Article 1.- The relations between the Government and the Vietnam General Confederation of Labor has been defined in the Trade Union Law on the 30th of June, 1990, and Decree No.133-HDBT on the 20th of April, 1991 of the Council of Ministers (now the Government) providing guidance for the implementation of the Trade Union Law. This Statute provides for a number of concrete points concerning the coordinate relations in the process of handling issues under the tasks and powers of the Government related to the function of the Vietnam General Confederation of Labor with a view to promoting the role of the Vietnam General Confederation of Labor in joining the State in the elaboration and implementation of the mechanisms, undertakings and policies of management directly related to the development of production, generation of employment, improvement of the material and spiritual life of the workers, State employees and laborers; ensuring the rights, obligations and the lawful and legitimate interests of workers, State employees and laborers, and at the same time organizing, educating and stipulating workers, State employees and laborers to actively carry out the assigned political, economic, social, security and defense tasks.

Article 2.- In the elaboration of the legal documents, policies, regimes on labor, wages, labor protection and other social policies directly related to the rights, obligations and interests of the laborers:

- The ministries, ministerial-level agencies and agencies attached to the Government, which preside over the elaboration of the documents, shall have to consult the Presidium of the Vietnam General Confederation of Labor. The draft documents should be sent to the Vietnam General Confederation of Labor early so that it can have enough time to study and give its suggestions.

- The President of the Vietnam General Confederation of Labor shall have to send its competent representatives to join the elaborating agency.

- In case the opinion of the Presidium of the Vietnam General Confederation of Labor differs with that of the elaborating agency, and pending their consensus, the elaborating agency shall have to report both opinions to the Prime Minister for consideration and decision according to jurisdiction.

Article 3.- On the organization of the movement of emulation in labor, production and practice of thrift among the workers, State employees and laborers:

- The Government shall set out the goals and contents of the emulation each year, and organize the review, commendation and reward.

- The Vietnam General Confederation of Labor has the responsibility to launch the emulation movement, and set forth measures to develop all potentials of the works, State employees and laborers in order to effectively realize the targets set by the Government.

Article 4.- The Vietnam General Confederation of Labor shall have to send its representatives to take part in the teams for the inspection and supervision of law observance, and the implementation of the policies and regimes related to the rights and interests of the workers, State employees and laborers organized by the Government or the ministries, ministerial-level agencies or agencies attached to the Government.

Article 5.- On the settlement of petitions of workers, State employees and laborers:

1. The Presidium of the Vietnam General Confederation of Labor has the responsibility to monitor the situation in the implementation of the policies and regimes related to the rights and interests of the laborers at the ministries, branches and localities.

When questions arise and need a solution, the Vietnam General Confederation of Labor should report them in time to the ministries, ministerial-level agencies and agencies attached to the Government. These agencies must closely cooperate with the Vietnam General Confederation of Labor to settle these questions, or report them to the Prime Minister for consideration and a solution.

2. In case the complaints and denunciations by workers, State employees and laborers have been considered and settled by the ministries, ministerial-level agencies or the agencies attached to the Government or the People's Committees in the provinces and cities, but the Vietnam General Confederation of Labor still has a different view, the President of the Vietnam Confederation of Labor may directly ask the Prime Minister for consideration and settlement.

Article 6.- Each year, the Vietnam General Confederation of Labor shall work out the plan of revenues and expenditures for the trade union funds, and send it to the Ministry of Finance and the State Planning Committee. These two agencies shall have to incorporate it into an overall plan and report to the Prime Minister. In case the sources of revenue of the Vietnam General Confederation of Labor fall below the level of the requirements, the State shall consider and grant a supplementary subsidy.

Article 7.- The Ministry for Foreign Affairs shall, according to its competence, help the Vietnam General Confederation of Labor to follow up the situation of the activities of the national and international trade union organizations, and help the Vietnam General Confederation of Labor carry out the plans of cooperation between the Vietnam General Confederation of Labor and these national and international trade union organizations.

Article 8.- On the regime of information and reporting:

1. The ministries, ministerial-level agencies and agencies attached to the Government have the responsibility to supply information to the Vietnam General Confederation of Labor on the socio-economic situation, and the newly-promulgated undertakings and policies of the State directly related to the rights, obligations and interests of workers, State employees and laborers.

When necessary and at the proposal of the Presidium of the General Confederation of Labor, the Government shall appoint its representative to a session of the Executive Committee of the General Confederation of Labor to inform issues about the policies and regimes directly related to the rights and interests of the workers, State employees and laborers.

2. The Presidium of the Vietnam General Confederation of Labor has the responsibility to report on the situation of employment, life, feelings and aspirations of the officials, public servants, workers, State employees and laborers, and on the trade union activities to the Government.

Article 9.- The President of the Vietnam General Confederation of Labor shall be invited to take part in the sessions of the Government dealing with issues directly related to the rights, obligations and interests of the workers, State employees and laborers, or to the trade union activities.

The Prime Minister or a member of the Government shall be invited to take part in the sessions of the Presidium of the Vietnam General Confederation of Labor which discuss questions related to employment and life of the workers, State employees and laborers.

Each year (or when necessary), the Prime Minister and President of the Vietnam General Confederation of Labor shall hold a meeting (or working session) to exchange views on necessary issues in the working relations between the Government and the Vietnam General Confederation of Labor. The time and agenda shall be prepared by the Office of the Government in collaboration with the Office of the Vietnam General Confederation of Labor.

Prime Minister

VO VAN KIET